Jethmal Mohanlal Khivansara And ORS. v. Krishna Govind Gaikwad And ORS.

bipin prithiani 1-wp-2739.05.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by BIPIN DHARMENDER PRITHIANI Date:

2022.06.17 11:48:43 +0530 BIPIN DHARMENDER PRITHIANI WRIT PETITION 2739 OF 2005 Jethmal Mohanlal Khivansara and Ors.

...

Petitioners

Versus

Krishna Govind Gaikwad and Ors.

...

Respondents ****** Mr. N. P. Shimpi for the Petitioners.

Mr. S. S. Kanetkar for the Respondents.

****** CORAM: ROHIT B. DEO, J.

DATE : 16th JUNE, 2022 P.C. :- .

This petition is filed in the year 2005 challenging the order below exhibit 6, which is an application seeking attachment of the property of respondent 3. The said application exhibit 6 was rejected by the learned Trial Judge vide order dated 2nd December, 2004. 2.

Interestingly, this Court issued notice dated 25th July, 2006 for the limited purpose of considering the prayer of the petitioners to withdraw exhibit 6 itself.

3.

It is indeed, a state of affairs that this petition is pending since last 17 years although notice was issued only for the limited purpose of withdrawing application exhibit 6, which came to be rejected by the learned Trial Judge.

4.

Considering the notice issued by this Court, I am not inclined to

bipin prithiani 1-wp-2739.05.doc accept the request of the learned counsel for the petitioners for adjournment.

5.

In any event, nothing really survives in this petition since the petitioners are not aggrieved by the order impugned and merely sought to withdraw an application which is already rejected. 6.

Subject to the observations supra, the petition is disposed of. [ROHIT B. DEO, J.]